N.D.C.C. §§ 47-16-01 through 47-16-30.1, 47-16-31 through 47-16-35, 47-16-42 § 47-16-13.7
Eviction - Lessee liable for rent during term of lease.
Operative Text
47-16-13.7. Eviction - Lessee liable for rent during term of lease.
A lessee evicted according to law is liable for rent during the remainder of the term of the
lease. However, this section does not relieve the landlord of the duty to mitigate damages.Under N.D.C.C. § 47-16-13.7, a tenant who is lawfully evicted does not automatically escape financial responsibility for rent that would have come due during the remaining lease term. At the same time, the provision explicitly preserves the landlord's legal duty to mitigate damages, meaning the landlord must make reasonable efforts to re-rent the property rather than simply letting unpaid rent accumulate. The rule balances continued tenant liability with an obligation on the landlord's part to limit the total loss.
Plain English — not legal advice.
Under § 47-16-13.7, operators who carry out a lawful eviction generally document their efforts to re-rent the vacated unit, because the statute's mitigation requirement means a landlord cannot simply leave a unit vacant and expect to collect the full remaining rent from the evicted tenant. Compliant property managers typically list the unit promptly, show it to prospective tenants, and keep records of those efforts. The amount recoverable from the former tenant is generally reduced by any rent actually collected—or reasonably collectible—from a replacement tenant during the original lease period.
General guidance for property managers — not legal advice for your specific situation. Consult an attorney for advice on your case.
Section 47-16-13.7 means that even after a lawful eviction, a former tenant may still owe rent for the balance of the lease term—but the landlord's duty to mitigate damages is a meaningful limit on that exposure. If a landlord fails to make reasonable efforts to re-rent the unit, that failure can be raised as a factor reducing the amount owed. Tenants who believe a landlord has not met the mitigation obligation may wish to consult a tenant-rights organization or legal aid provider familiar with North Dakota landlord-tenant law for general information about available options.
General guidance for tenants — not legal advice for your specific situation. Consult a tenant-rights organization or attorney for advice on your case.
Generated October 28, 2026 — auto-generated, not yet human-reviewed. See /transparency for methodology.
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